OLATINWO
V.
STATE

(2013) JELR 51071 (SC)    

Supreme Court  ·  SC.260/2011 ·  15 Feb 2013 ·  Nigeria
 · 
Other Citations
Olatinwo v. State (2013) 8 NWLR (Pt. 1355) 126
CORAM
MUHAMMAD S. MUNTAKA-COOMASSIE JSC (Presided) SULAIMAN GALADIMA JSC NWALI SYLVESTER NGWUTA JSC OLUKAYODE ARIWOOLA JSC KUMAI BAYANG AKAAHS JSC (Read the Lead Judgment)
Core Terms Beta
prosecution
police
reasonable doubt
armed robbery
accused person
scene of the crime
learned trial judge
trial court
lead judgment
lower court
prosecution witnesses
4th pws
accused persons
evidence act
1st accused
court of appeal
evidence of pw1
court of appealwas
criminal offence
following cases
laws of the federation of nigeria
police station
respective houses
totality of the evidence
1st appellant
1st pw’s door
2nd appellant
accused person raises
akaahs jsc
appellant’s fate
appellant whowas
critical examination of the record
favour of the accused
favour of the accused person
findings of the conclusions of the trial court
findings of the trial court
following reasons
guilt of the appellant
ingredient of the office
judgement of the trial court
known fact
learned trialjudge
open court
oyo state high court
prosecution witnesses’ statements
said robbery

AKAAHS JSC (Delivering the Lead Judgment): The appellant whowas the 1st accused person and three others were convicted by the Oyo State High Court sitting in Ibadan on 28 June 2002 and sentenced to death by hanging on charges of conspiracy to commit armed robbery, and armed robbery contrary, to sections 5(b) and 1(2) of the Robbery and Firearms (Special Provisions) Act, Cap. 398, Vol. XXII, Laws of the Federation of Nigeria, 1990. They appealed to the Court of Appeal, Ibadan Division which was dismissed on 30 March 2011. This is a further appeal from that decision.

The notice of appeal containing five grounds of appeal was filed on 29 April 2011 from which two issues were formulated namely:

Whether the prosecution proved its case beyond reasonable A doubt; and Whether the court below was not in error when it affirmed the judgement of the trial court that the defence of alibi did not avail the appellant.

The respondent also formulated two issues which are similar in content. They read…

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